‘Misunderstanding’ spoils minor girl’s life

LAHORE – Technical grounds considered by Additional and District Court of Muhammad Yousaf Aujla on Friday caused hurdle in the way of justice to be delivered to a seven years old rape-victim girl Saima, d/o Muhammad Bashir, resident of Talaspura in a case filed against the accused Umar Shahzad (alleged rapist).

The victim girl’s uncle Tariq Mehmood had filed a petition (case NO 66/10) in the court of additional district session judge.

The petitioner maintained that his niece, Saima, was raped by accused Umar Shahzad on Feb 12, 2010 at 4:00pm. The medical report of the girl was also attached with the petition which showed the girl was raped.

On Friday, the court after considering the statement of Saima’s uncle that it was his misunderstanding that he saw the girl weeping and coming out of the accused’s haveli. Later he also informed the court in writing, “I did not witness the accused while committing an offence and therefore I don’t want to pursue the case. I had lodged the complaint due to misunderstanding”.

Tariq had stated in the petition that the girl went out of her home and did not return. He and his family searched her thoroughly in the locality, he said, adding but he suddenly saw the girl coming back weeping in blood-stained clothes from the haveli and Umar Shahzad was scaling the wall of the haveli.

Though Saima was produced before the court, she could not give her clear and obvious statement due to some problem in her throat that she was raped by Umar Shahzad.

However, the judge released the accused on Friday when petitioner Tariq informed the court he had lodged the FIR u/s 376-PPC against the accused due to misunderstanding.

Commenting on the release of the said accused, Karamat Ali advocate said it was also the responsibility of the state to investigate if the girl was not raped at all why her future was destroyed by a false medico-legal report showing her a rape victim.

Some other lawyers said if the parties had compromised secretly and did not let the court know about it, again the state is responsible for investigating the matter and bringing justice to the victim girl.

It is pertinent to add Chief Justice of Pakistan Iftikhar Muhammad Chaudhry had many times urged the judges in high-level meetings that they (judges) should decide the cases not only on technical grounds but also on merit.
Source: The Nation
Date:11/6/2010